Loading...
HomeMy WebLinkAbout99-05870 s? p ; i is 1L? W v M1 Jl 1 ' 1 J F' l' ^h 1 ? 11 ?x ,a Al 'y 9tt n . :Oa a J PYS510 Cumberland County Prothonotary's Office Page Civil Case Inquiry 1999-05870 KEFFER ANGELA J (vs) RIOLO GREG M Reference No.. Filed....... 9/23/1999 Case Type.....: COMPLAINT Time.........: 2:37 Judgment .... 00 Execution Date 0/00/0000 Judge Assigned: HESS KEVIN A Jury Trial.... Disposed Desc.: DISCONTINUED Disposed Date. 12/30/1999 ------------ Case Comments ------------- Higher Crt 1.: Higher Crt 2.: ++++++++*+++++*+*++*+++**++++++++++++++++++++++*++**+*++++**++++++++++++++++++*+ General Index Attorney Info KEFFER ANGELA J PLAINTIFF SADLOCK RICHARD A KEFFER CAITLYN PLAINTIFF SADLOCK RICHARD A RIOLO GREG M DEFENDANT * Date Entries ++++*++++++++++++++*++++++++++++++*++++++*+++**++*+++++++++*****+*+++++++++++++* - - - - - - - - - - - - - FIRST ENTRY - - - - - - - - - - - - - - 9/23/1999 PETITION FOR APPROVAL OF MINOR PLAINTIFF'S COMPROMISE SETTLEMENT AND DISTRIBUTION OF PROCEEDS ------------------------------------------------------------------- 9/27/1999 ORDER OF COURT DATED 9/27/99 IN RE PETITION FOR APPROVAL - HEARING SCHEDULED ON THE 24TH DAY OF NOVEMBER 1999 AT 9:00 A M AT THE CUMBERLAND COUNTY COURTHOUSE IN C R NUMBER 4 KEVIN A HESS J ------------------------------------------------------------------- 10/07/1999 DEFENDANT'S ANSWER AND NEW MATTER TO PETITION FOR APPROVAL OF MINOR PLAINTIFF'S COMPROMISE SETTLEMENT AND DISTRIBUTION OF PROCEEDS -------------------------------------------------------------------- 10/13/1999 PLAINTIFFS' REPLY TO DEFENDANT'S NEW MATTER TO PETITION FOR APPROVAL OF MINOR PLAINTIFF'S COMPROMISE SETTLEMENT AND DISTRIBUTION OF PROCEEDS ------------------------------------------------------------------- 11/09/1999 PRAECIPE TO WITHDRAW THE OBJECTIONS OF DEFENDANT TO ORIGINAL PETITION FOR APPROVAL OF MINOR PLAINTIFF'S COMPROMISE SETTLEMENT AND DISTRIBUTION OF PROCEEDS BY GEORGE H EAGER ESQ ------------------------------------------------------------------- 11/09/1999 PLAINTIFFS' SUPPLEMENTAL PETITION FOR APPROVAL OF MINOR PLAINTIFF'S COMPROMISE SETTLEMENT AND DISTRIBUTION OF PROCEEDS ------------------------------------------------------------------- 11/17/1999 ORDER - DATED 11/17/99 - IN RE PLAINTIFFS' SUPPLEMENTAL PETITION FOR APPROVAL OF MINOR PLAINTIFF'S COMPROMISE SETTLEMENT AND DISTRIBUTION OF PROCEEDS - GRANTED - BY KEVIN A HESS J - NOTICE MAILED 11/17/99 -------------------------------- ---------------------------- 12/30/1999 PROOF OF DEPOSIT ------------------------------------------------------------------- 12/30/1999 PRAECIPE TO SETTLE SATISFY AND DISCONTINUE BY RICHARD A SADLOCK ESQ - - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - - +*+++++*++++++++++++++++*+++++++++++*++++++++*++++++++++++*+++++*++++++*+++++*++ * Escrow Information * Fees & Debits Bei Bal Pmts/Adi End Bal COMPLAINT 35.00 35.00 .00 TAX ON CMPLT .50 .50 .00 SETTLEMENT 5.00 5.00 .00 JCP FEE 5.00 5.00 .00 ------------------------ ------------ 45.50 45.50 .00 * End of Case Information +++++++*+*++++++++++++++*+++++++++*++++++++++++++++++++++++++++++*++++++++++++++ PYS510 Cumberland County Prothonotary's Office Page 1 Civil Case Inquiry 1999-05870 KEFFER ANGELA J (vs) RIOLO GREG M Reference No..: Filed........: 9/23/1999 Case Type.....: COMPLAINT Time.........: 2:37 Judgment. ... 00 Execution Date 0/00/0000 Judge Assigned: HESS KEVIN A Jury Trial.... Disposed Desc.: DISCONTINUED Disposed Date. 12/30/1999 ------------ Case Comments ------------- Higher Crt 1.: Higher Crt 2.: General Index Attorney Info KEFFER ANGELA J PLAINTIFF SADLOCK RICHARD A KEFFER CAITLYN PLAINTIFF SADLOCK RICHARD A RIOLO GREG M DEFENDANT * Date Entries + FIRST ENTRY - - 9/23/1999 PETITION FOR APPROVAL OF MINOR PLAINTIFF'S COMPROMISE SETTLEMENT AND DISTRIBUTION OF PROCEEDS ------------------------------------------------------------------- 9/27/1999 ORDER OF COURT DATED 9/27/99 IN RE PETITION FOR APPROVAL - HEARING SCHEDULED ON THE 24TH DAY OF NOVEMBER 1999 AT 9:00 A M AT THE CUMBERLAND COUNTY COURTHOUSE IN C R NUMBER 4 KEVIN A HESS J ------------------------------------------------------------------- 10/07/1999 DEFENDANT'S ANSWER AND NEW MATTER TO PETITION FOR APPROVAL OF MINOR PLAINTIFF'S COMPROMISE SETTLEMENT AND DISTRIBUTION OF PROCEEDS ------------------------------------------------------------------- 10/13/1999 PLAINTIFFS' REPLY TO DEFENDANT'S NEW MATTER TO PETITION FOR APPROVAL OF MINOR PLAINTIFF'S COMPROMISE SETTLEMENT AND DISTRIBUTION OF PROCEEDS ------------------------------------------------------------------- 11/09/1999 PRAECIPE TO WITHDRAW THE OBJECTIONS OF DEFENDANT TO ORIGINAL PETITION FOR APPROVAL OF MINOR PLAINTIFF'S COMPROMISE SETTLEMENT AND DISTRIBUTION OF PROCEEDS BY GEORGE H EAGER ESQ ------------------------------------------------------------------- 1.1/09/1999 PLAINTIFFS' SUPPLEMENTAL PETITION FOR APPROVAL OF MINOR PLAINTIFF'S COMPROMISE SETTLEMENT AND DISTRIBUTION OF PROCEEDS ------------------------------------------------------------------- 11/1.7/1999 ORDER - DATED 11/17/99 - IN RE PLAINTIFFS' SUPPLEMENTAL PETITION FOR APPROVAL OF MINOR PLAINTIFF'S COMPROMISE SETTLEMENT AND DISTRIBUTION OF PROCEEDS - GRANTED - BY KEVIN A HESS J - NOTICE MAILED 11/17/99 ------------------------------------------------------------------- 12/30/1999 PROOF OF DEPOSIT ------------------------------------------------------------------- 12/30/1999 PRAECIPE TO SETTLE SATISFY AND DISCONTINUE BY RICHARD A SADLOCK ESQ - - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - - * Escrow Information * Fees & Debits Bel Bal Pmts/Adl End Bal COMPLAINT 35.00 35.00 .00 TAX ON CMPLT .50 .50 .00 SETTLEMENT 5.00 5.00 .00 JCP FEE 5.00 5.00 .00 ------------------------ ------------ 45.50 45.50 .00 * End of Case Information ANGELA J. KEFFER, as parent IN THE COURT OF COMMON PLEAS and natural guardian of CUMBERLAND COUNTY, PENNSYLVANIA CAITLYN KEFFER, a minor, Plaintiffs AMICABLE ACTION V. NO. C(ll - 5 JCJ GREG M. RIOLO, Defendant ORDER AND NOW, this day of . 1999, upon presentation and due consideration of the foregoing Petition for Approval of Minor Plaintiff's Compromise Settlement and Distribution of Proceeds, it is hereby Ordered and Decreed in accordance with the provision of Pa.R.C.P. 2206 that the Petition is GRANTED. Payment of fees and expenses as listed in the Petition is approved and payment of Eighty-Four Thousand Two Hundred Seventy-Five and 00/100 Dollars ($84,275.00) to Minor Plaintiff Caitlyn Keffer is directed to be made and deposited in a Bank, a depository which is insured by the Federal Government, and no withdrawal will be made from such account until the Minor Plaintiff attains majority, except as authorized by Order of Court. BY THE COURT: J. -74 ANGELA J. KEFFER, as parent and natural guardian of CAITLYN KEFFER, a minor, Plaintiffs V. GREG M. RIOLO, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA AMICABLE ACTION NO. 19 ...5"F 90 CA - (' T.t-' - ORDER AND NOW, this °4-T4? day of -rt 1999, upon consideration of the within Petition, a hearing is scheduled on the day of I2t21617iA?i , 1999, at 9. tV ?y.m. at the Cumberland County Courthouse in Courtroom Number 4-1. BY THE COURT: ? ? b M U.1S? is ` r7 }Qgl/?, tM1 cV .i.co oz : r) CA V L ?6 ANGELA J. KEFFER, as parent and natural guardian of CAITLYN KEFFER, a minor, Plaintiffs V. GREG M. RIOLO, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA AMICABLE ACTION NO. 99. , f7o (?' Tom. PETITION FOR APPROVAL OF MINOR PLAINTIFF'S COMPROMISE SETTLEMENT AND DISTRIBUTION OF PROCEEDS The Petition of Caitlyn Keffer, by her parent and natural guardian, Angela Keffer, respectfully represents: 1. Caitlyn Keffer, the minor Plaintiff, is the daughter of Angela Keffer, Petitioner, herein. Caitlyn Keffer is I1 years old having been born on January 30, 1988. 2. On February 11, 1999, Caitlyn Keffer, sustained a right orbital floor blow out fracture requiring surgery and laceration of the right eyelid and right lip requiring plastic surgery and a concussion during a motor vehicle accident. 3. Minor Plaintiff was a restrained passenger in a vehicle being driven by her mother, Angela J. Keffer. 4. A copy of the Police Accident Report is attached hereto as Exhibit A. 5. Minor Plaintiff was flown to the Hershey Medical Center where she underwent surgery for her injuries. 153900/MLB 6. Defendant Greg M. Riolo was covered by an insurance policy with State Farm Insurance Company. 7. The Defendant driver and his insurer have agreed to pay and to partially compromise the claim arising from the injuries to Caitlyn Keffer for the sum of One Hundred Thousand Dollars ($100,000.00), subject to the approval of your Honorable Court. 8. Said sum represents the policy limit on the above-referenced liability policy. A copy of the declaration page is attached hereto as Exhibit B. 9. At the time of the aforesaid motor vehicle accident, Defendant Greg M. Riolo was also covered by an umbrella policy with a coverage amount of $1,000,000. A copy of the Certificate of Coverage for the umbrella policy is attached hereto as Exhibit C. 10. In view of the tender of the primary coverage of the Defendant driver, Petitioner considers this to be a fair, just, and equitable partial settlement and to be in the best interests of the Caitlyn Keffer. 11. Petitioner, through counsel, will be pursuing a claim for additional compensation from Defendant's umbrella policy. 12. Should the Court deem it necessary to schedule a hearing to approve the settlement, and if a hearing is scheduled, Minor Plaintiff, her mother, and Petitioner's counsel will be present at the hearing. 13. Your Petitioner has retained the law firm of Angino & Rovner, P.C. to prosecute this action and has entered into a contingency fee agreement with said attorney whereby said attorney is to receive, for professional services, 30% of any amount recovered after filing suit, plus reimbursement of expenses. However, Plaintiffs' counsel has agreed to reduce his fee to approximately fifteen percent (15%) or Fourteen Thousand Nine Hundred Fifty and 91/100 Dollars ($14,9511.91). 14. To date, Plaintiffs' counsel has incurred expenses totaling Seven Hundred Seventy-four and 09/100 Dollars ($774.09) in pursuit of Plaintiff Caitlyn Keffer's claim. 15. Petitioner understands that the remainder of the settlement, Eighty-Four Thousand Two Hundred Seventy-Five and 00/100 Dollars ($84,275.00) is to be held in trust for Caitlyn Keffer in an account which is insured by the Federal Government and that no withdrawal be made therefrom until Caitlyn attains majority or authorized by Court Order. WHEREFORE, Petitioner respectfully requests your Honorable Court to approve the Minor's compromise settlement and authorize the payment of attorney's fees from the fund due the minor and direct payment due to the minor to be deposited in a bank in trust for Caitlyn Keffer. ANGINO & ROWNER, P.C. I.D. No. 47281 4503 North Front Street Harrisburg, PA 17110 (717) 238-6791 Counsel for Petitioner Date: September 22, 1999 r ry?! ,i! 001685 COMMONWEALTH OF PENNSYLVANIA PAR CONUI UAT10N SHEET FOU TO OVMAY 3HWB faPMAKE FM 40-O MAO FVFOOfUK a6Y Z-1as-ZZH2 oz ///19 " Z/ "= jp7 NFORWATEN yF3SHMFORtaaEs it a C O f F O WAE ADDRESS H 1 F K L Y a. rr? a'I /?rzY . A.t' 2L `SecLC at 4, A) clwo A4t 'A w.vT O %a A iJL.? 4D? L1J1'.OiO A/OT u?-T/.e aL/Ca,disC. GFr//r?'L?, A ctJT. , / ,C.SSJe.Y>?j O?y/ ?'/ Ai/O PiaPeRr /7/A?L.Ly.? .p' YZ c ,,u at , TT jZ OA•4de7L, , O Y•••7ACL CS mt/tZJ .G X,,,2L aSM7 ?/'/FLT/ALYISL?.ICG /?i? RJL .US or 12.E- -v Ye:/ !L 7e /.rs Cc? crtYJ l / cF,ft/?ls//J ',c' y .? u2(r • / r G -ScJ 1../.20 v as.% g7&I n . Tl/ ' W/Ti t3a ?s/?9L>r y LlG ESc,46.Lo L6/iF ¢ -5 7'. 6? 1?'?c.vws' /r.?ESS 6C/vc? Is/? .l?d9i?Ii 30., 52 20// .ar .x ?`i7E /Ec/oLA?r i. DE VIOLATOR W. SECTON NLWKM ICILY IF C+VJ 1 Ulf 1 0 0 n.FROB1dp !!...TYPE n.IRESATa ? NO 191. FROWLE USE TEST EST TE3T wrT 0._-%ci RV L UK UMft o a ET E? 0__%ORE uw YED PACE: 3 INVESTIGATING AGENT' COMMONWEALTH OF PENNSYLVANIA 9), POLICE,! CIDENTSUPPLEMENTAL `XX) WER TORIAYS,EETS RsKw,nrNr h2f .w. E m PUPOOTMAEON.Y POLICE INFORMATION ACCIDENT TIME & LOCATION ,. NL6BEX - ?O$ - ay .. , 9. AC IDEM?, I L 10. DA //? OZ 2. Kum - A145yLViM//A ? /L 11 DAY of O.7 2. OLND9 Z 3.7 A IOW A. PATROL PRECINCT /t ZONE to ,] BOLED 4.INyRED (/ ,,,^ 5. PRIV.PROP. ACCIDENT Y ? N '4 I ,al 7 CF/{?//Wt rA EeER O W/t lJ 1M A ?CODE w LAS f MMER ALR Yy" 21 UNIT 0: Z - COMPLETE ONLY THE INFORMATION THAT HAS CHANGED SINCE ORIGINAL REPORT Z. LEGALLY Y N ]7. RED. .STATE PARKED ? 0.ATE 56.DRNER HAKE i. PA TIRE OR dfTOF STATE VIN 50.0RIVER ADDRESS 40 OWPER W CITY, STATE 6 ZPCOOE AT OYAER ADDRESS 61. SEX 52. DATE OF q. Nla! 61RTH -566 42CRY.STA7E AZPOODE M. CORM VEK, Y O N 5.01RIVER 66 DRIVER CLASS 5.5.6 N YEAR a MAZE 42.CARRER aS MOOEL(NOT 0 INSURANCE BODY TYPE Y N LINK W CARRIER ADDRESS A,. BOGY TYPE !=EL A OLE OVNERSHIP 69 CITY,STATE 6ZIPCODE 50 W WALT FWLI 51 EM -LE STATUS 52. YEL .35 SPEED J N). USDOT P ICC F PUC 6 S] NrtE GRADIENT RIVER PRESENCE iwER CO cN IYCIE RGO CONFG. Y1YPE 75. GVWR 56 DRIVER 57.51ATE 75. NO.OF M. ARDOUS .fELEASE0FKUWT 6T. NARRATIVE • IOENTIFYPREGPTfATMOEVENT7,CAMATq FACT0R7,7E0UENCE OF EVEM7,WRNE773TATEYENT7, ANO PROVGE AOORgN11L DETAILS bf[A r ? >1/G y +' D w, r w /VV* AA"r PKO O O zgn 10.40 eveor Axorrjr?t N/LGF N/YAYw/LO t /.U IjC bV u/GbC/tAr S 7/1sJCN B -lf4AA1fAW E 4109jert B OI o 8 /ILAn zqj?x,,f5 I/%wzr BmY I LAC O,GveA, Yoe VNS.:LE OTr pLhC_e j&) rhf LLr Y K 6 o7/4v Y/ 21Y5? uus.:ca of aLAL.(c ,N vcflccC MNSIJRANII ORIMTION COMPANY a. WESTGATDNCGMPtEIET IAA T NO Parr NO YES NO M+55 IM PAGE CENTER FOR HIGHWAY SAFETY <;,a" b r `?t ?i C E R T I F I C A T E O F C O V E R A G E The undersigned is a claim superintendent for the State Farm Mutual Automobile Insurance Company of Bloomington, IL This certifies that policy number 7196-875-38A CAR 001 , covering a 1992 Ford Explorer Sport wagon was issued to Catherine & Greg Riolo was in effect on the accident date of 02/11/99 The coverage and limits of liability for this policy on the date were A 100/300/25, C2 50,000, D G 250, H R5, U-BI 100/300 W 100/300 This policy provides Full Tort option C ai Team Mana e State of Pennsylvania ) ss. County of York ) Subscribed and sworn to before me this 25th day of August, 1999. o ary /'PuuDlic o My Commission Expires: "=ANA WL JA AV C«w,iir? 6?,Maw 21, 2001 CERTIFICATE OF COVERAGE The undersigned is a Claim Superintendent for the State Farm Fire and Casualty Insurance Company of Bloomington, IL. This certifies that policy number 38-CT-5304-8 was issued to Catherine and Greg Riolo and was in effect on the accident date of 02/11/99. The coverage and limits of liability for this policy on the date were: Liability $1,000,000. laim Team Manager State of Pennsylvania ) ) ss. County of York ) Subscribed and swom to before me this 7 h day of September, 1999. My Commission Expires: Notary Public HWAM WA Mnr C mAwknd bm Y" Ca. M Mr CernWM tboft MWd 25. 2W1 IJA QaIILI I, ANGELA J. KEFFER, as parent and natural guardian of Caitlyn Keffer, a minor, have read the foregoing PETITION FOR APPROVAL OF MINOR PLAINTIFF'S SETTLEMENT AND DISTRIBUTION OF PROCEEDS and do swear or affirm that the facts set forth in the foregoing are true and correct to the best of my knowledge, information and belief. 1 understand that this Verification is made subject to the penalties of 18 Pa.C.S.A., Section 4904, relating to unsworn falsification to authorities. Witness V Angela 1. Keff Date: 8 •?f 153926/MLB CERTIFICATE OF SERVICE 1, Marcy L. Brymesser, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of PETITION FOR APPROVAL OF MINOR PLAINTIFF'S COMPROMISE SETTLEMENT AND DISTRIBUTION OF PROCEEDS on the following via postage prepaid, first class United States mail, requested addressed as follows: Ms. Shelby Jones State Farm Insurance Company P.O. Box 257 New Cumberland, PA 17070 Claim Number: 38-JI72-850 ar . Br nes Date: September 22, 1999 CJ ? N CJI i!: C.. ??'? 1 LL. Ol y `.Q Uo 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMICABLE ACTION ANGELA J. KEFFER, as parent and natural guardian of CAITYLN KEFFER, a minor, NO. 99-5870 Plaintiffs VS. GREG M. RIOLO, Defendant DEFENDANT'S ANSWER AND NEW MATTER TO PETITION FOR APPROVAL OF MINOR PLAINTIFF'S COMPROMISE SETTLEMENT AND DISTRIBUTION OF PROCEEDS NOTICE You are hereby notified to plead to the within New Matter within 20 days from the date of service hereto or a default judgment may be entered against you. Defendant Greg M. Riolo, by and through his attorneys, the law firm of Eager, Reinaker & Spinello, responds to the Minor Plaintiff's Petition as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Denied. Defendant driver and his insurer have not agreed to pay and to partially compromise the claim of Caitlyn Keffer for the BUM of One Hundred Thousand Dollars ($100,000.00) On the contrary, Defendant driver and his insurer offered to pay the sum of One Hundred Thousand Dollars ($100,000.00) for a full and plenary settlement, release and compromise of any and all claims Caitlyn Keffer may have now or which may arise in the future related to or arising out of the subject accident and which may be asserted against Defendant, his insurer and any other parties to include any and all insurance policies which could conceivably afford coverage. 8. Denied. The sum of one Hundred Thousand Dollars ($100,000.00) does not represent the policy limit of the specific policy described in the Petition or Exhibit B to the Petition. On the contrary, said sum represented a full. and plenary settlement of all claims as described in Paragraph 7 above. 9. Admitted. 10. Denied as stated. It is denied that the tender of a settlement offer was a tender of the primary coverage of the Defendant driver. On the contrary, the settlement offer was intended as a full and plenary settlement of all claims of Caitlyn Keffer as described in Paragraph 7 above. It is admitted that the sum of One Hundred Thousand Dollars ($100,000.00) would be a fair, just, and equitable total, full and plenary settlement of any and all claims of Caitlyn Keffer as outlined in Paragraph 7 above. 2 _ 11. Denied as stated. Denied that the claim for additional compensation under the umbrella policy can be pursued since there was no compensation agreed to as any partial compromise or settlement. 12. Defendant requests this Honorable Court to schedule a hearing to decide the issues presented by Plaintiff's Petition and this Answer. 13. After reasonable investigation, Defendant is without information or knowledge sufficient to form a belief as to the truth of the averments of Paragraph 13 and, therefore, they are denied. 14. After reasonable investigation, Defendant is without information or knowledge sufficient to form a belief as to the truth of the averments of Paragraph 14 and, therefore, they are denied. 15. After reasonable investigation, Defendant is without information or knowledge sufficient to form a belief as to the truth of the averments of Paragraph 15 and, therefore, they are denied. WHEREFORE, Defendant respectfully requests this Honorable Court to deny the Petition and schedule a hearing to determine the issues raised by these pleadings. - 3 - NEW MATTER 16. Defendant incorporates by reference all of the answers in Paragraphs 1 through 15 as if set forth in full. 17. The full settlement for the amount of One Hundred Thousand Dollars ($100,000.00) was agreed to prior to both parties becoming fully apprised of the existence of both a primary and umbrella policy. 18. When Defendant's insurer clarified the full extent of coverage for Plaintiff's counsel, Defendant's insurer offered to release Plaintiff from the agreement so that Plaintiff could reconsider the offer but at no time did Defendant's insurer agree that the sum of one Hundred Thousand Dollars ($100,000.00) would be paid for anything less than a full and plenary settlement of all claims. 19. Plaintiff's counsel attempted to recharacterize the discussions and agreement as being a final but partial settlement applicable only to the primary policy and leaving for additional claims the umbrella policy, a structure which was never agreed to by Defendant or Defendant's insurer. 20. In view of the foregoing, there is no settlement agreement in existence between the Plaintiff and the Defendant or the Defendant's insurer. - 4 - WHEREFORE, Defendant respectfully requests this Honorable Court to deny the Petition and schedule a hearing to determine the issues raised by these pleadings. Dated: &).4eA EAGER, REINAKER & SPINELLO BY: George H. Eag , Esquire Attorney for Defendant I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 - 5 - VERIFICATION I, GEORGE H. EAGER, hereby verify that I am the attorney for the Defendant, Greg Riolo, in the herein lawsuit, that I am authorized by the Defendant to make this Verification and that the statements contained in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements contained therein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. GEORGE H. EAGERdo ESQUIRE Dated: 1016tih 1 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I am this day serving a copy of the foregoing Defendant's Answer and New Matter to Petition for Approval of Minor Plaintiff's Compromise Settlement and Distribution of Proceeds upon the person and in the manner indicated below. Service by First Class Mail, addressed as follows: Richard A. Sadlock, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 EAGER, REINAKER & SPINELLO l BY: George H. Eag Esquire Attorney for efendant T.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 5". Dated: /U/47 9 - 5 - F-` f Tr?r .... :' J i t- `; i l ? J l,\ U ANGELA J. KEFFER, as parent and natural guardian of CAITLYN KEFFER, a minor, Plaintiffs V. GREG M. RIOLO, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA AMICABLE ACTION NO. 99-5870 PLAINTIFFS' REPLY TO DEFENDANT'S NEW MATTER TO PETITION FOR APPROVAL OF MINOR PLAINTIFF' COMPROMISE SETTLEMENT AND DISTRIBUTION OF PROCEEDS AND NOW come the Plaintiffs, by and through their attorneys, Angino & Rovner, P.C., and hereby enter the following Reply to the New Matter of Defendant as follows: 16. Defendant's averment does not require a responsive pleading. Plaintiffs incorporate their Petition for Court Approval herein by reference. 17. Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, the settlement offer of $100,000 was not for a full settlement. The settlement offer of $100,000 was merely a tender of the underlying policy limits. Further, Defendant's carrier was advised at the time of the tender that acceptance of the tender was conditioned upon consent by the underinsured motorist carrier with waiver of subrogation and 153900/MLB obtaining court approval. At no time was it indicated the tender of the underlying policy limit was for a full and final settlement of minor Plaintiff's claim. 18. Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, there was no agreement other than Defendant's carrier was tendering the underlying policy limit. There was no intent for a full and final settlement of the instant Defendant. Further, Defendant's insurance company's failure to immediately disclose the umbrella policy constitutes a unilateral mistake which does not permit Defendant's carrier to avoid its obligation on the tender of the underlying policy limits. Defendant's carrier never clarified its offer. Defendant's carrier did nothing more than advise Plaintiffs' counsel of the umbrella policy. See, the September 9, 1999 letter of Jackie Ravenel attached hereto as Exhibit A. 19. Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, Plaintiffs' counsel has not recharacterized the discussions and the agreement. Plaintiffs' counsel has correctly identified for Your Honorable Court the terms and conditions of the partial settlement between minor Plaintiff and the Defendant's insurance carrier. 20. Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, there is an agreement between minor Plaintiff and Defendant's insurance carrier for a partial settlement representing a tender of the underlying policy limits. WHEREFORE, Plaintiffs respectfully request Your Honorable Court to grant Plaintiffs' Petition for Court Approval. ANGINO & ROVNER, P. 4EA"orth Front Street Harrisburg, PA 17110 (717) 238-6791 Counsel for Plaintiffs Date: October 11, 1999 COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF DAUPHIN I, Richard A. Sadlock, Esquire, being duly sworn according to law, depose, and state that I am counsel for Plaintiffs, that I am authorized to make this Affidavit on behalf of said Plaintiffs and that the facts set forth in the foregoing PLAINTIFFS' REPLY TO DEFENDANT'S NEW MATTER TO PETITION FOR COURT APPROVAL are true and correct to the best of my knowledge and belief. Sworn to and subscribed before me this 1 I th day of October, 1999. u MMMM SEA, - U61 A. MO"ff, W" ?uW HmiYu4i M** C", PA 2317/MLM EXNMrr A fTRT1 IRRfI State Farm Insurance Companies INfVR?NCIe September 9, 1999 Richard Sadlock Angino & Rovner 4503 N Front St Harrisburg, PA 17110 RE: Your Client: Angela, Kyle, Caitlyn & Our Insured: Greg Riolo Our Claim No.: 38-J172-850 Date of Loss: February 11, 1999 Dear Attorney Sadlock: State Farm Insurance 115 Limekiln Road PO Box 257 New Cumberland PA 17070.0257 Samantha Keffer This confirms our conversation of last week, in which I advised that our insured does have a Personal Liability Umbrella Policy with State Farm Insurance Companies. The liability limits for that policy are $1,000,000. We have enclosed Certificates of Coverage for the automobile policy and personal liability policy. If you have any questions, please feel free to contact us. Thank you. +in er el cie avenel Claim Specialist (717) 774-9078 State Farm Mutual Automobile Insurance Company HOME OFFICES: BLOOMINGTON. ILLINOIS 61710.0001 CERTIFICATE OF SERVICE 1, Marcy L. Brymesser, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of PLAINTIFFS' REPLY TO DEFENDANT'S NEW MATTER TO PETITION FOR APPROVAL OF MINOR PLAINTIFF'S COMPROMISE SETTLEMENT AND DISTRIBUTION OF PROCEEDS on the following via postage prepaid, first class United States mail, requested addressed as follows: George Eager, Esquire Eager, Reinaker & Spinello 1347 Fruitville Pike Lancaster, PA 17601 M cy L. rymess. Date: October 11, 1999 Cl) cr. r'. C7i _ u- cn C? U G' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ANGELA J. KEFFER, as parent and natural guardian of CAITLYN KEFFER, a Minor, NO. 99-5870 Plaintiffs V. GREG M. RIOLO, Defendant PRAECIPE TO THE PROTHONOTARY: Please withdraw the objection of Defendant Greg M. Riolo to the original Petition for Approval of Minor Plaintiff's Compromise Settlement and Distribution of Proceeds. EAGER, REINAKER & SPINELLO BY: George 41. E r, Esquire Attorney f6of Defendant I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 s' CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served a true and correct copy of the foregoing Praecipe upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: Richard Sadlock, Esquire Angino & Rover 4503 North Front Street Harrisburg, PA 17110 DATE: EAGER, REINAKER & SPINELLO BY: /- George H. -gager squire Attorney for D fendant I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 _ o d W L C.71 m 1 p h?? ?P .?Ly:rv 4 1.? 4' r."v' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANGELA J. KEFFER, as parent and natural guardian of CAITLYN KEFFER, a minor, Plaintiffs AMICABLE ACTION V. GREG M. RIOLO, Defendant NO. 99-5870 JURY TRIAL DEMANDED ORDER AND NOW, this /7' day of /' vn %, 1999, upon presentation and due consideration of the foregoing Petition for Approval of Minor Plaintiffs Compromise Settlement and Distribution of Proceeds and Supplemental Petition for Approval of Minor Plaintiffs Compromise Settlement and Distribution of Proceeds, it is hereby Ordered and Decreed in accordance with the provisions of Pa.R.C.P. 2206 that the Petition and Supplemental Petition are GRANTED. Payment of fees and expenses as listed in the Petition and Supplemental Petition are approved and payment of S 116,150.00 to my minor Plaintiff Caitlyn Keffer is directed to be made and deposited in a bank, a depository which is insured by the federal government, and no withdrawal will be made from such account until the minor Plaintiff attains majority, except as authorized by Order of the Court. 202058.1\ansNI.o BY THE COURT: ...... ... . .. 1 ?i_ f i'( IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANGELA J. KEFFER, as parent and natural guardian ofCAITLYN KEFFER, a minor, Plaintiffs AMICABLE ACTION V. GREG M. RIOLO, Defendant NO. 99-5870 JURY TRIAL DEMANDED PLAINTIFFS' SUPPLEMENTAL PETITION FOR APPROVAL OF MINOR PLAINTIFF'S COMPROMISE SETTLEMENT AND DISTRIBUTION OF PROCEEDS The Petition of Caitlyn Keffer, by her parent and natural guardian, Angela J. Keffer, respecfully represents: 1. On or about September 22, 1999, Plaintiffs filed a Petition for Court Approval with your Honorable Court. 2. Your Honorable Court scheduled a hearing for November 24, 1999 at 9:00 a.m. in Courtroom Number 4. 3. At the time of the filing of the initial Petition for Court Approval, the proposed settlement was for the payment of the tortfeasor's underlying policy limits. 4. Subsequent to the filing of the Petition for Court Approval, the insurer for the Defendant driver has agreed to pay an additional $37,500.00 from Defendant's umbrella policy to resolve minor Plaintiffs claim. See, State Farm's October 26, 1999 letter attached hereto as Exhibit A. 202058.1\RASWIM 5. In view of the tender of the primary coverage of the Defendant driver and the offer of an additional $37,500, Plaintiff, Plaintiffs mother and Plaintiffs' counsel considers this to be a fair, just, and equitable settlement and to be in the best interest of Caitlyn Keffer. 6. Plaintiffs' counsel's fee on the additional settlement is $5,625.00 (15% of the settlement). 7. No additional expenses have been incurred since the filing of the initital Petition for Court Approval. Plaintiff understands that the remainder of the settlement from the umbrella policy, $31,875.00 is to be held in trust for Caitlyn Keffer in an account which is insured by the federal government and that no withdrawal may be made therefrom until Caitlyn attains majority or authorized by Court Order. WHEREFORE, Plaintiffs respectfully request Your Honorable Cour t to approve the minor's compromised settlement and authorize the payment of attorney's fees from the fund due the minor Plaintiff and direct payment due to the minor to be deposited in a bank in trust for Caitlyn Keffer. Date: November 5, 1999 202058.[UtAS\MLo 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Counsel for Plaintiffs ?::.1(i 4>i, ?,': ?,? ..... ... :....x...51 I? ?;k ";??': ?` ;? '.: t,t State Farm Insurance Companies October 26, 1999 Richard Sadlock Angino & Rovner 4503 N Front St Harrisburg, PA 17110 RE: Your Client: Caitlyn Keffer Our Insured: Greg Riolo Our Claim No.: 38-J172-850 Date of Loss: February 11, 1999 Dear Attorney Sadlock: ITATI IARN INfYRANGI O State Farm Insurance 115 Limekiln Road PO Box 257 New Cumberland PA 17070-0257 This confirms State Farm offers your client, Caitlyn Keffer, $137,500 for full and final settlement of her bodily injury claim. Please forward a copy of the proposed court approval for our review. Thank you for your assistance in this matter. Sincerely`, 3ackie Raven11el Claim Specialist (717) 774-9078 State Farm Mutual Automobile Insurance Company cc: Attorney George Eager HOME OFFICES: BLOOMINGTON, ILLINOIS 61710.0001 VERIFICATION I, ANGELA J. KEFFER, as parent and natural guardian of CAITLYN KEFFER, a minor, have read the foregoing SUPPLEMENTAL PETITION FOR APPROVAL OF MINOR PLAINTIFF'S COMPROMISE SETTLEMENT AND DISTRIBUTION OF PROCEEDS and do swear or affirm that the facts set forth in the foregoing are true and correct to the best of my knowledge, information and belief. I understand that this Verification is made subject to the penalties of 18 Pa.C.S.A., Section 4904, relating to unswom falsification to authorities. Witness Angel . Kef. 200689.1 AS\MLB CERTIFICATE OF SERVICE I, Marcy L. Brymesser, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of SUPPLEMENTAL PETITION FOR APPROVAL on the following via postage prepaid, first class United States mail, requested addressed as follows: George H. Eager, Esquire Eager, Reinaker & Spinello 1347 Fruitville PIke Lancaster, PA 17601 I azcy L. Bryme Date: November 5, 1999 202058J\RAS\MLB wfD 0..: Qi J,_ 1 IL Crl r ORIGINAL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANGELA J. KEFFER, as parent and natural guardian of CAITLYN KEFFER, a minor, Plaintiffs AMICABLE ACTION V. GREG M. RIOLO, Defendant NO. 99-5870 JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: Please mark the above-captioned action as settled, satisfied, and discontinued and issue a Certificate of Settlement. Date: December 28, 1999 ANGINO & ROVNE-K, P.C. 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Counsel for Plaintiff 205559.1\RASN1LB CERTIFICATE OF SERVICE I, Marcy L. Brymesser, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of the foregoing PRAECIPE upon all counsel of record via postage prepaid, first-class United States mail, addressed as follows: George H. Eager, Esquire Eager, Reinaker & Spinello 1347 Fruitville Pike Lancaster, PA 17601 Ms. Shelby Jones State Farm Insurance Company P.O. Box 257 New Cumberland, PA 17070 Claim Number: 38-J172-850 M cy L. ryme er Date: December 28,1999 205559A\RAS\MLB ?- -• ;.. _. ?_ ' _ ; ?- ` ?' ?, ': ?.; ?, ? <_: ? ,. L I? ? f:1 ( l J :n± i NA1.. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANGELA J. KEFFER, as parent and natural guardian of CAITLYN KEFFER, a minor, Plaintiffs V. GREG M. RIOLO, Defendant AMICABLE ACTION NO. 99-5870 JURY TRIAL DEMANDED PROOF OF DEPOSIT In accordance with Pennsylvania Rule of Civil Procedure 2039, attached is a photocopy of the Custodial Account issued on December 13, 1999 from Charles Schwab to Caitlyn L. Keffer, a Minor, as proof of deposit of the settlement proceeds. No withdrawal can be made from any such account until the Minor attains majority, except as authorized by a prior Order of Court. ANGINO & Date: December 28, 1999 Rkbayfl A. ock I.D. k0. .4 472&t- L 4503 North Front Street Harrisburg, PA 17110 (717) 238-6791 Counsel for Plaintiff 205559.IVtASVALB Open a Schwab Custodial Account It's easy to begin Investing at Schwab; its the one choice that makes all your other choices easier. ? Complete all pages of this form (Steps 1-7). O Mail your application In the enclosed envelope. Please O Include your initial deposit. detach and include the reply slip from our cover letter. O Remember to sign the completed application Or, please call us at 1-800.435-4000 for the appropriate on the back page. mailing address. For Brokerage, IRA, Estate or Trust Accounts: Do not use this form. Please contact us for the correct application. Questions? Cale 1-800-435-4000 'Tell Us About Yourself omplete This Required Information for Yourself (The "Custodian") M[ O Mrs ? Ms. ? Dr. A h ,eck s11.f- r--P-e.vr- Last Name Middle ur Fir t s Socla[Sacudty'rae tD Number y rsr A? ?t ?g.c.t• 1L/PL? 11-r`G?Yf $+. 2 \ C?(..t.?JGS to "-r t/ 6 t- ,, /u ?S me Street Address (AU P0. bum PAMM) 1 City Stan Zip Code uling Addmn Ofdiffreif Mabof P.O.bommaybemed) City state Zip Code )L1 I7W, S'"1 ( ) yo wor'S ( ao 40IT me Telephone Number Business Telephone Number Mother's Maiden Name Drivers Licenw Number / G y 13/USA ? Oth (W speorr) ISI' USA ? Oth (y(ea soenM Country of citizenship to Nln (mm/dd/) L yl Country of Legal Residence // ++ FS$.Y..? wyr L? t'..( , S+-(CS ? Yes ? No ? yes ? No ? Yes ? No player Name occupation Are you selfemployed7 Am you unemployed? Are you retired? (Zd1 )CairV..e.f...{- 0r 4? e?4•t...?s?w3 Pit 1 0ss sinus Street Address city state Zip Code t all publicly Video companies In whkh you am a director. 10% shareholder, or policy-making officer. List any securities firm(s) you w o employed by, or In which you are a director or owner. I Minor information Ca??IyIn ?0 d.ic2 ice40'r 183-72-1c-lIS_ n C-'- (('? ( Lacces Sodal S.mthiffaa to Number Middle ('LI. 4 S / \¢L(l.t..ni CSL w. `I (7U.rt '? (d (ZE Cy 1",'. P P%-(- 3 ma Stmt Address (NO PO bores PIN* _? City state Zip Code 1 3U a r Qi USA ? oth IFkaserperh) M_UsA ? oth (w spedM teal rth(mmMdtyy) country of Clunmhip Country of Legal Residence he $94 far of the age for use Indicate tcuruidlanship: mination am Aye 1 ,R .end fW mNKYf who IM M,dVd ofsfaM gow,4dby Ule Uniform Transtm M M,AM AR Me aW truntadolfhip tMniNfM WMJ by State, Af hm9h many Fratef set the maximum IV for "WAnIMp t f. d you do nor (r4kfV an age here. daaccount willbe setup with the detavbageol yar state of residence rather 18 or 11) ® Select Your Account Features cyc m Earn income on Your Cash You may have the cash balance In your Schwab account swept weekly into one of these money funds and earn daily income. Your request for a prospectus and Money Fund Agreement is an indication of interest only, and you are not obligated to buy any shares. Please read the prospectus carefully before you invest. To obtain a prospectus and Money Fund Agreement, check one of the boxes below. Market Fund Taxable Income: )'Schwab Money Market Fund 0 Schwab Government Money Fund f -tft will be used unless you specify otherwise) Tax-Free Income:- Each of our state-specific municipal money funds is designed to generate tax-exempt income for taxpayers of that state. Each of the boxes listed below relates to the Sweep Shares of each fund. 0 Schwab Municipal Money Fund 0 Schwab Florida Municipal Money Fund 0 Schwab U.S. Treasury Money Fund (not sweep shares) 0 Schwab Pennsylvania Municipal Money Fund 0 Schwab California Municipal Money Fund 0 Schwab New Jersey Municipal Money Fund O Schwab New York Municipal Money Fund -Income maybe subject to Alternative Minimum Tax (AMT). Make Ongoing Deposits with Schwab MoneyLink° (optional) Schwab gives you the convenience of being able to automatically add assets to your account-through our MoneyLink Transfer Service. To begin enjoying the convenience of Schwab MoneyLink, please complete this authorization section. At least one account holder on this bankti'nancial Institution account must also be a signer on the Schwab Custodial account. Please note if this account has one or more individuals with trading authority, but not ownership roles (Limited Power of Attorney), MoneyLink must be initiated with the assistance of a Schwab representative. (Please allow two weeks after Schwab receives this form before making your first transfer.) Financial Institution Information This Is a: 0 Personal Checking Account 0 Personal Savings Account 0 Corporate Checking Account 0 Corporate Savings Account Name of r minds! Institution Account Number Name) on Account As they appearonyourstatetrend Transit Routing Number ABA (nine digit numb® located on bonito left ofyWnhK4 Important security information (required to establish service) Methlrs Malden Name Authorized Maximum Amount per Transfer (riw must specify an amount-up to JI000O0J important: You must attach a voided check for a checking account (or a deposit slip for a savings account) from which you are authorizing MoneyLink Transfers. (Originals only, no photocopies please). This is for your protection, as it provides additional verification of your bank's transit routing number and your bank account number. specify Your MoneyLink Preferences. (Check all that apply.) On Schedule Transfers: 01 want to set up regularly scheduled transfers into my Schwab Custodial account. Transfer amount S Transfer Schedule (Please select one and indicate start date.) 0 Monthly, beginning: 0 Semimonthly. 1 st Transfer Date: 0 Quarterly, beginning: 0 Semimonthly: 2nd transfer Date: Note. Start date must he at least 2 weeks from the day this form is received by Schwab. 0 Semiannually, beginning; 0 Annually, beginning: . On Request Transfers: 01 want the ability to move money into my Schwab Custodial account from the account shown above whenever I request it, without specifying a set transfer schedule In addition, I authorize Schwab to create a scheduled transfer between these accounts at a future date upon my request. Gain Web Access to Your Account (optional) If you would like to view your account information and trade at Schwab's lowest commission of 529.95 for stock trades up to 1,000 shares (3c per share for over 1,000 shares) placed through our Web site at www.schwab.com, please provide your e-mail address. By enrolling, you agree to obtain quotes solely through Schwab's automated services. You also agree to only contact a Schwab representative to obtain a quote that is not available through an automated channel. Confirmation and instructions about how to log on will be sent to you via e-mail. one. E-mail Address: Create Your Profile Page 3 of 4 We collect this information to better serve your needs and to help you determine whether an investment may be right for you. Security industry regulations also require that this information be obtained for certain types of investments. 0-01811 Investment Obloal" Annual Intense 0 capital Preservation 0 Under 515,000 0 income 0S15,000-521,999 I<Gmmh 7i25,000449.999 0 speculation 0 $50,000-699,999 0 3100,000 a more Uquid Net Worth O Under 525,000 O $25,000-549,999 0 $50,000-599,999 $5100,000-5249,000 0 S2So,ooO or mare masse NHclM_ Federal Income Tax badtet 015% jz29% 031% 036% 039.6% 0 Other: M v ea rent Emperlenca m Investmatt Knowl"ge v ? , ?? ? ?WWW kN. 0 Limit" 0Unused 0 Good 0 Good 0 EaunwV 0 Extensw ® open Your Account with a Deposit A minimum deposit is required to open your account. Please indicate the amount and type of deposit below. Amount of Initial Deposit 19 (O Z S $500 Minimum for Custodial Account Type of Deposit Check or Money Order Enclosed 0 Account Transfer Form Attached 0 Transfer Funds from Mother Schwab Account. Please spedfyaccount number. Ci Security Certificates Enclosed. To avoid any delays, please endorse certificates exactly as they are registered on the front. Account Handling: For your convenience, Schwab will hold all of your securities purchased, sale proceeds, dividends and interest. You may have security certificates registered and shipped to you; a S15 fee is charged for each certificate mailed. Contact us for further information. D Nominate a Successor Custodian (optional) Use this section to designate a successor custodian to act on this account, in event of your incapacity, death, resignation or removal as custodian. This is a nomination only. To activate the role of a successor custodian, the account registration must be changed. 1 hereby nomlnaw a succaaor custodian of the account T o A A P j- iiUs Name of Successor Custodian whose Social Sewety Number Is a? Rat r- tA.?S? tlti `o 6, Yk'Q4 A" --64,.3 9)f as Homo Swat Address IN; P.O. boost AWW city SUN Zip Code This designation shall take eMest as to this account In the event of my Incapacity, death, resignation or removal as wstodism IN WITNESS THEREOF, I Mw executed this deignstion of successor custodian form on 0 t L r vabml Na (pumsB r e nnU nP witness Me w4shis my 6?! the Individual dersignat'ed'as the suCces,k), Custodian.) Name '-P sionat lsit 0 Remember to Sign Account Agreement on the Next Page D Agree to Terms I hereby request that Charles Schwab & Co.. Inc. ('Schwab') open a Custodial Account in the names listed as account holden on Nis Schwab Account application. I agree to read and be bound by the terms of the Account Agreement (which Includes the Cash Account Agreement and, if applicable, the Schwab Money Fund Agreement, Disclosure of Credit Terms and Policies, the Schwab Stockliuilder Service Agreement and other written agreements between me and Schwab that aGply to my AccounD as currently in effect and as amended from time to time. If, in the future, 1 add 4catures to this account governed by the foregoing agreements (e.g., a Money fund),1 ayqrise to be bound by their terms and conditions. If I do not receive or understand the Account Agreement. I will notify Schwab. I acknowledge that I am responsible for determining the nature, potential value and suitability for me of any particular security, transaction or investment strategy and that Schwab does not gm legal cur tax advice or advice regarding particular stocks, including advice involving suitability of and investment strategies for particular stocks. I also acknowledge and agree that all Securities and Other Property now or hereafter held in this Custodial Account belong to the Minor named above, and shall be used or applied solely for the benefit of the Minor. I further agree to transfer and deliver to the Minor all Securities and Other Property held in the Custodial Account promptly upon the Minor attaining the age specified in Section 2 above for termination of the custodianship. In accordance with Section 6, page 6 of the Account Agreement, I agree that all debts and other obligations owed to Schwab by any parry to the Account Agreement will be secured by a lien on all Securities and Other Property now or hereafter held, carved or maintained in any of my present "future brokerage accounts with Schwab, whether individually or jointly netC with others, or in any brokerage account at Schwab in which I have an interest. I ague to rattle by arbitration any controversy between myself and Schwab and/or any Schwab officers, directors, employees or agents relating to the Account Agree. mint my Account or account transactions, or in any way arising from my relationship with Schwab as provided in Section 17, pages 10.13 of the Account Agreement The following disclosures an made pursuant to applicable self-regulatory organization rules: (1) Arbitration Is final and binding on the parties; (2) The parties are waiving Page 4 of 4 their right to mark remedies In court including the dyyht to a jury trial; (3) Pre-arbitra. don discovery Is genarally more limited than and dlHenntfrom courtproceedings; (4) Thar arbitrators' award Is not required to Include factual findingqs or legal reasoning and any party's right to appeal or to mark modification of rulings by the arbitrators is strictly limited; (S) The penal of arbitrators will typically include a minority of arblus. ton who were or an aNlilabid with the securities industry, No person shall bring a putative or certified clan anion to arbitration, nor seek to enforce any pre-dispute arbitration agreement against any permit who has Initiated in court ¦ putative class action or who Is a member of o putative class who has not opted out of the class with respect to any claims encompassed by the putative class action until: (1) the class certification is denied; (2) the lass is decertified; or (3) the customer Is excluded from the class by the court. Such forbearance to enforce an agreement to arbitrate shall not constitute a walva of any rights under this agreement except to the extent stated herein. Moneyunk• Service I authorize Charles Schwab 6 Co., Inc to direct transfers of money elenronicalN according to the instructions outlmedin this form between my Schwab account and my bank or other financial institution and authorize that bank or other fnancal Institutum to credit andror debit the same to such accounts. I agree to be bound by the Terms and Conditions of the Schwab MoneyLink Transfer Service, as these may be amended. The authorization m to remain in full force and effect unul Schwab terminates the service or has received notification from me of its termination in weir rime and in such manner as to allow Schwab and my banutfinancial institution a reasonable opportunity to act on It. Written notification may be addressed to Charles Schwab B Co., Inc., Support Services. 101 Montgomery Street, San Francisco, CA 94104. You may also contact Schwab customer senate directly over the phone, or for e.Schwab customers, send us e-mail. For account holders with more than one account at Schwab: This authonzation further autho- rizes Schwab to direct transfers upon your request between your accounts at Schwab when no written authorization is required. Plasm note that the Account Agreement contains a pre4hpute arbitration agreement which is set forth In Section 17, pages 10.13 of the Account Agreement leant under penalty of perjury that (1) the number shown on this application is the correct taxpayer identification number, and (2) that l am not subject to back-up withhold. Ing ei er because I have not been notified that I am subject to back-up withholding as a result of a failure to report all Interest and dividends, or the Internal Revenue Service has notified me that I am no longer subject to back-up withholding. (I understand that If I have been notified by the IRS that 1 am subject to withholding as a result of dividend or Interest undemporting, and I have not received a notice from the IRS advising me that back-up withholding is terminated, l must strike or moss out the Information con- tained In Item 2 above.) The Internal Revenue Service does not require your consent to any portion of this document other than the certifications required to avold back-up withholding. Signature Required Your 5,g0 ?i?%???E ?/V .t.C ??Ci?/F J"?'? Date ® Reminder: If you signed up for Schwab MoneyLink® attach a voided check (or deposit slip for a savings account) to ensure proper routing. Originals only, no photocopies please. ABA Routing Number - ewwu cum] - ?d'uviit_c _ '- D __ asaac a ti=i . :aztolDL1L_ _ a ?3?.g Branch Office and Account Number ATRN Account Transactions 12/13/1999 12:25:41 NEXT KEY 49766955 HG 4976-6955 ANGELA JEANNE KEFFER OUST FOR Password BRO GB CAITLYN LOUISE KEFFER UPAUTMA Restrictions SSN 183-72-1405 Account Net Worth 116,175.00 Total Accounts 1 Opt Aprv Total Assets 0.00 T Tran Y -- Date Type -------------- Quantity Description Price -------- ------------------------ --------- Amount ---------------- 1 1213 DPINS FUNDS RECEIVED * 84275.000 1 1213 DPINS FUNDS RECEIVED * 31900.000 F2-ASUM F3=Exit F4=ABAL F6=APOS F12=Sort Copyright (C) 1999 Charles Schwab & Co., Inc. All rights reserved. Screen image printed at 12/13/1999 12:25:46 PM By user: JANDERTO at workstation K4610JFK CERTIFICATE OF SERVICE I, Marcy L. Brymesser, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of the foregoing PROOF OF DEPOSIT upon all counsel of record via postage prepaid, first-class United States mail, addressed as follows: George H. Eager, Esquire Eager, Reinaker & Spinello 1347 Fruitville Pike Lancaster, PA 17601 Ms. Shelby Jones State Farm Insurance Company P.O. Box 257 New Cumberland, PA 17070 Claim Number: 38-J 172-850 arc L. B messer Date: December 28,1999 205559.]\RASU1LB o - - C, .- t.u ?,. , _? i', - ? • r.? c. :- i F_ ?I ?._ i :?